Neutral Citation No. - 2025:AHC:90784 Court No. - 38 Case :- WRIT - A No. - 50492 of 2008 Petitioner :- Ravi Kant Peon And Others Respondent :- Kul Sachiv M.G. Kashi Vidyapeeth Varanasi And Others Counsel for Petitioner :- Gopal Mishra,A.Tiwari Counsel for Respondent :- Anil Tiwari, ,Ajeet Kumar Singh,S.C.,V.Verma Hon'ble Donadi Ramesh,J. 1. Heard learned counsel for the petitioner and learned counsel for the respondents. 2. Present writ petition has been filed for following relief: "(i) issue a writ, order or direction in the nature of certiorari quashing the impugned advertisement dated 28.08.2008 (A-2) issued from the office of respondent no.2 as far as it relates to posts held by petitioners. (ii) issue a writ, order or direction in the nature of mandamus commanding the respondents to permit the petitioners to work on the post in question i.e. Class IV in the institution namely Mahatma Gandhi Kashi Vidyapeeth, Varanasi situated in N.T.P.C. Singrauli Compound, Shaktinagar, Sonbhadra. (iii) issue a writ, order or direction in the nature of mandamus commanding the respondents to pay the arrears of salary of petitioners which is due to them since Jan 2008 and April 2008 respectively. " 3. Contention of learned counsel for the petitioners is that the petitioners were appointed in the year 2006 and continued till 2008. Initially, they have paid salaries by the respondent- Institution, but surprisingly without terminating their services, the respondents have initiated the process of selection through advertisement dated 28.08.2008. Hence, questioning the said notification, present writ petition has been filed. 4. On perusal of the impugned order, as they have made advertisement dated 28.08.2008, but no interim orders were granted staying the selection process and further they have also requested to permit to continue and to that relief also, no order was passed permitting them to continue and their prayer regarding payment of arrears since January, 2008 to April, 2008. 5. Learned counsel for the respondents has vehemently contended that the petitioners were not appointed by the institution and they were appointed by the Director in his personal capacity, hence, the institution is not liable to pay any salaries or arrears to the petitioners. 6. Considering the submission made by learned counsel for the parties and perused the contents of the writ petition. As prayer nos. (i) and (ii) become infructuous and as far as prayer no. (iii) is concerned, the petitioners are permitted to move a fresh representation within a period of two weeks from today along with all relevant materials including appointment letter and payment particulars which were made by the respondents to the petitioners since 2006 to 2008. On receipt of such representation, respondent no.2 may consider the same and take appropriate decision for release of arrears, within a period of two months thereafter. 7. The writ petition is, accordingly, disposed of. Order Date :- 27.5.2025 Noman (Donadi Ramesh, J.) Digitally signed by :- NOMAN AHMAD High Court of Judicature at Allahabad